Date: 19981110
Docket: T-2456-97
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
SOUMEN SARKAR
Appellant
REASONS FOR JUDGMENT AND JUDGMENT
BLAIS J.:
[1] The Appellant has resided in Canada for six years now. (He landed in 1992;).
[2] The Appellant has completed a Master's Degree in Engineering at McGill University, and has studied at the University of Montréal.
[3] The Appellant has moved to Toronto and is now working with a consulting firm in a full-time job.
[4] The Appellant now presents this Court with a letter from the Royal Bank attesting that he had been a Royal Bank client since October 1992; he also submits income and deductions statements from Revenue Canada Taxation for the years 1992, 1993, 1994, 1995, and 1996.
[5] On the basis of this evidence, and since appeals to the Federal Court under section 14(5) of the Citizenship Act are trials "de novo".
[6] I believe that the Appellant now complies with the requirement of Residence as set out in paragraph 5(1)(c) of the Citizenship Act.
JUDGMENT
For these reasons, accordingly, the appeal is allowed and the decision of the Citizenship Judge is set aside.
"Pierre Blais"
Judge
TORONTO, ONTARIO
November 10, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2456-97
| STYLE OF CAUSE: IN THE MATTER OF THE CITIZENSHIP ACT, R.S.C., 1985, c. C-29 |
| AND IN THE MATTER OF an appeal from the decision of a Citizenship Judge |
| AND IN THE MATTER OF |
| SOUMEN SARKAR |
DATE OF HEARING: TUESDAY, NOVEMBER 10, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT AND
JUDGMENT BY: BLAIS, J.
DATED: TUESDAY, NOVEMBER 10, 1998
APPEARANCES: Mr. Soumen Sarkar
For the Appellant
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD: Soumen Sarkar
111 Davisville Avenue
Apartment #1214
Toronto, Ontario
| M4S 1G5 |
For the Appellant
Peter K. Large
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19981110
Docket: T-2456-97
| IN THE MATTER OF THE CITIZENSHIP ACT, R.S.C., 1985, c. C-29 |
| AND IN THE MATTER OF an appeal from the decision of a Citizenship Judge |
| AND IN THE MATTER OF |
SOUMEN SARKAR
Appellant
REASONS FOR JUDGMENT AND JUDGMENT